Will I be stuck paying his debt?

@shaggin (74987)
United States
March 29, 2011 5:49pm CST
My father in law called me tonight and said that I need to talk to a lawyer because of my husbands estate. He had $1400 in the bank when he died but my father in law took that money out and kept it to use towards the funeral expenses. Really legally once he died that money in the bank would have went to my kids. My husband was in about $15,000 worth of debt. Since we were never legally seperated or divorced I worry I might be responsible for paying off the debt. A friend of mine who owns a collection agency says that I will be responsible for the debt but it wont really hurt me if I dont pay it since I dont own anything for them to take away if I dont pay it all I own is a hunk of junk van. I'm nervous but I guess I will find out what will go on when I talk to the lawyer which means shelling out more money ugh. I went today and applied for the Social Security Survivors benefits which my kids and I both are eligble for. I'm not sure when it starts they will inform me in the mail.
4 people like this
8 responses
@RawBill1 (8531)
• Gold Coast, Australia
30 Mar 11
That reality makes an already tough situation even tougher doesn't it! I am really feeling for you at this time and hope that you can get out of paying for his debts somehow. If you do get left with them, then surely you should also get left with all of his assets as well. That would only be fair to help pay the debts. Take care and stay strong my friend.
1 person likes this
@shaggin (74987)
• United States
30 Mar 11
The law where I live is the spouse has to pay for the debts. That to me is horrible since we werent even together. He created all those bills in the last year and I had nothing to do with them. It is so wrong if they try to stick me with his bills. I dont create my own debts I shouldnt have to pay for someone else's mistakes.
@RawBill1 (8531)
• Gold Coast, Australia
30 Mar 11
Well, that law is stupid if you are made to pay it. Law does not see reason sometimes, but hopefully it does in your case.
• United States
30 Mar 11
technically,since you were still married,you might be. but if you can get a statement of hardship/inability to pay/no real assets from a lawyer and submit it to the debtors,they might wave it. otherwise they might try to put a lien on your SS benefits.
1 person likes this
@shaggin (74987)
• United States
30 Mar 11
I posted about this on my facebook and my friends gave me a lot of advice. Seeing that I dont have enough money to pay for my medicial and get medical assistance through the state they should cover his most recent medical bills and the hospitals will have to take a loss on the rest.
@dawnald (85137)
• Shingle Springs, California
29 Mar 11
Have you filed divorce papers at all? Even if you aren't legally separated or divorced, if you've filed, there could be a 'separation date' on the forms that will protect you from his debts. If not, yeah,you could be liable, depending on the laws where you are.
1 person likes this
@jazel_juan (15745)
• Philippines
30 Mar 11
aw. better consult an attorney before taking any step..i hope you wont get to pay it... that is worth a lot of money.
@ebuscat (5935)
• Philippines
30 Mar 11
For me it's up to you it is your choice so be guided by good hand.
@tiffnkeat (1673)
• Singapore
30 Mar 11
I am sorry to hear of your situation. It would really take a lawyer to advise you. Have you tried posting a discussion with a title "Real Legal Help Needed: Please advise me" and see if there are lotters out here who are lawyers by profession. I know it is not possible to authenticate their occupation, but why not see what those who claim to be lawyers suggest? Just trying to help. Take care.
1 person likes this
@dodo19 (48166)
• Beaconsfield, Quebec
30 Mar 11
I'm really sorry to hear about your situation. I would imagine, though, that if you filed the papers, then you might not have to deal with that. I hope that you are able to figure something out.
• United States
30 Mar 11
I`m sorry about your husband. Talking to a lawyer even if it costs money is your best bet. You really need to know what has to be done. Hope everythings works out for you.